Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002

Executive Order 13277 of November 19, 2002

Delegation of Certain Authorities and Assignment
of Certain Functions Under the Trade Act of 2002

By the authority vested in me as President by the
Constitution and the laws of the United States,
including the Trade Act of 2002 (the “Act”) (Public
Law 107-210) and section 301 of title 3, United States
Code, it is hereby ordered as follows:

Section 1. Trade Promotion. (a) Except as provided in
subsections (b) and (c) of this section, the
authorities granted to and functions specifically
assigned to the President under Division B of the Act
are delegated and assigned, respectively, to the United
States Trade Representative (U.S. Trade
Representative).

    (b) The exercise of the following authorities of,
and functions specifically assigned to the President,
under Division B of the Act are reserved to the
President:
    (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of
the Act;
    (2) Section 2103(a)(1), (a)(4), (a)(6), b(1),
(c)(1)(B)(i), and (c)(2) of the Act;
    (3) Section 2105(a)(1) of the Act; and
    (4) Section 2108(b) of the Act.
    (c) (i) The Secretary of State, in consultation
with the Secretary of Labor and the U.S. Trade
Representative, shall carry out the functions of
section 2102(c)(2) of the Act with respect to
establishing consultative mechanisms. The U.S. Trade
Representative, in consultation with the Secretary of
State and the Secretary of Labor, shall carry out the
reporting function under section 2102(c)(2).

(ii) The Secretary of State, in consultation with the U.S. Trade
Representative, shall carry out the functions under section 2102(c)(3) of
the Act with respect to establishing consultative mechanisms, with the
advice and assistance of the Secretary of the Interior, the Secretary of
Health and Human Services, the Administrator of the Environmental
Protection Agency, the Secretary of Commerce and, as the Secretary of State
determines appropriate, the heads of such other departments and agencies.
The U.S. Trade Representative, in consultation with the Secretary of State,
shall carry out the reporting function under section 2103(c)(3).

(iii) The U.S. Trade Representative shall carry out the functions under
section 2102(c)(5) of the Act. The U.S. Trade Representative shall, in
consultation with the Secretary of Labor, carry out the reporting function
and the function of making a report available under section 2102(c)(5).

(iv) The Secretary of Labor shall carry out section 2102(c)(7) of the
Act, in consultation with the Secretary of State.

(v) The Secretary of Labor, in consultation with the Secretary of State
and the U.S. Trade Representative, shall carry out the functions under
section 2102(c)(8) and (c)(9).

(vi) The Secretary of the Treasury shall carry out section 2102(c)(12)
of the Act, including any appropriate consultations with the Congress
relating thereto.

Sec. 2. Andean Trade. (a) Except as provided in
subsection (b) of this section, the authorities granted
and the functions specifically assigned to

the President under Division C of the Act are delegated
and assigned respectively, to the U.S. Trade
Representative, in consultation with the Secretaries of
State, Commerce, the Treasury, and Labor.

    (b) The exercise of the following authorities of,
and functions specifically assigned to, the President
under Division C of the Act are reserved to the
President:

(i) The authority to proclaim under sections 204(b)(1) and
204(b)(3)(B)(ii), and the authority to designate beneficiary countries
under section 204(b)(6)(B), of the Andean Trade Preference Act as amended
by section 3103(a)(2) of the Act; and

(ii) The authority to make determinations under section 203(e)(1)(B) of
the Andean Trade Preference Act as amended by section 3103(b) of the Act.

    (c) The head of the executive department of which
the United States Customs Service is a part shall take
such actions to carry out determinations and actions
pursuant to the Andean Trade Preference Act, as
amended, as directed pursuant to the authority
delegated to the U.S. Trade Representative under this
order.

Sec. 3. Guidance for Exercising Authority and
Performing Duties. (a) Nothing in this order shall be
construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative
proposals.

    (b) In exercising authority delegated by, or
performing functions assigned in, this order, and in
performing duties related to the trade agreements
program as defined in Executive Order 11846, officers
of the United States:

(i) Shall ensure that all actions taken by them are consistent with the
President's constitutional authority to (A) conduct the foreign affairs of
the United States, including the commencement, conduct, and termination of
negotiations with foreign countries and international organizations, (B)
withhold information the disclosure of which could impair the foreign
relations, the national security, the deliberative processes of the
Executive, or the performance of the Executive's constitutional duties, (C)
recommend for congressional consideration such measures as the President
may judge necessary or expedient, and (D) supervise the unitary executive
branch;

(ii) May redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law and
such redelegation or further assignment shall be published in the Federal
Register; and

(iii) Shall consult the Attorney General as appropriate in implementing
this subsection.

Sec. 4. Amendment to Executive Order 11846. Section 1
of Executive Order 11846 of March 27, 1975, as amended,
is further amended by inserting “, Divisions B and C
of the Trade Act of 2002,” after “Trade Expansion Act
of 1962, as amended”.

Sec. 5. Judicial Review. This order is intended only to
improve the internal management of the Federal
Government and is not intended to, and does not, create
any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the
United States, its departments, agencies,
instrumentalities or entities, its officers or
employees, or any other person.

    (Presidential Sig.)B

THE WHITE HOUSE,

     November 19, 2002.